Law:

Section:

(a) Industrial Relations Ordinance (XXIII of 1969)­--- -- S. 25-A- Grievance petition against dismissal from service­ Petitioner Bank Manager holding Inter-Branch Signature Authority and Key of Strong Room--Disputed to be not a workman-Burden of proof upon petitioner to establish that he was a workman-No evidence brought on record to support his contention of doing clerical work- Drawing more than Rs. 1,500 p.m. Performing supervisory duties at relevant time-Grievance petition, in circum­stances dismissed by Labour Court. 1982 P L C 215 ; 226 ; 323, 1983 P L C 509 and 1983 P L C 796 rel. 1980 P L C 930 ; 1983 P L C 862 and 1061 and 1983 P L C 1 ref. (b) Industrial Relations Ordinance (XXIII of 1969)--- --- S. 25-A-Practice-Point neither taken in departmental appeal, nor in grievance notice nor in pleadings before Labour Court-Cannot be agitated at arguments stage. Wasiullah Qureshi for Appellant. M. Bashir Awan for Respondents. ORDER The applicant filed this application under section 25-A of I. R. O., 1969, whereby he challenged the dismissal order, dated 26th March, 1983, Annexure copy A/11, passed by the respondent Bank. He prayed for re­instatement and back benefits. Briefly facts of the case are that the applicant was serving as Branch Manager under the respondent Bank. For certain acts of misconduct be was charge-sheeted on 18th January, 1981/20th January, 1981 copy R/1, to which he submitted his reply copy R/2, which was found unsatisfactory and was followed by an enquiry in which the applicant participated and having been found guilty of the charges he was dismissed from the Bank service. The applicant preferred a departmental appeal against his dis­missal which was followed by a grievance notice but having received no response, the applicant has moved this application. In reply statement the respondent-Bank questioned the competency of the application, jurisdiction of this Court and reiterated that dismissal of the applicant is quite justified and legal. Parties adduced evidence and filed the documents. I have heard the learned counsel for both the sides and gone through the written arguments also. The learned counsel for the applicant contended that…

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